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(a) Definitions. For purposes of this Section, the following definitions shall apply:
(1) "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments or terrorizes that person.
(2) "Electronic communication" means any transfers of signs, signals, writings, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.
(3) "Electronic communication" includes transmissions by a computer through the Internet to another computer.
(4) "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who shared or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this ordinance neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship.
(5) "Cyber-flashing" means to knowingly and without lawful justification send an intimate image to another person through the use of data-dropping technology without the request or express consent of the person.
(6) "Data-dropping technology" means technology that enables the transfer of files, including, but not limited to, pictures, videos, or texts, using wireless local area networking devices to cellular telephone users located within close proximity with the sender. The term "data-dropping technology" does not include transferring of files through e-mail, telephone text messaging, or by posting on social media networks.
(7) "Intimate body parts" means the genitals, pubic area or anus of any individual.
(8) "Intimate image" means a photograph, film, videotape, recording or any other reproduction of an image of an individual with fully or partially exposed intimate body parts or engaged in sexual activity.
(9) "Sexual activity" means: (i) human genitals in a state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of intimate body parts.
(b) Cyberstalking. No person shall cyberstalk another. Cyberstalking is an act committed when one knowingly and without lawful justification, on at least two (2) separate occasions, harasses another person through the use of electronic communication and:
(1) At any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or
(2) Places that person or a family member of the person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint.
(c) Cyber-flashing. No person shall engage in cyber-flashing.
(d) Violation and penalty. Any person who violates this section, upon conviction thereof, shall be punished by a fine of no more than $500.00 for the first offense. Subsequent convictions shall be punished by a fine of no more than $1,000.00. In addition to such fines, any such offense may also be punished as a misdemeanor by incarceration in a penal institution other than a penitentiary for a term of up to ninety (90) days or by a requirement to perform up to 1,500 hours of community service under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and in the Illinois Code of Criminal Procedure of 1963, as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended.
(e) Construction. Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
(1) an interactive computer service, as defined in 47 U.S.C. § 230(f)(2);
(2) a provider of public mobile services or private radio services, as defined in Section 13-214 of the Public Utilities Act, codified at 220 ILCS 5/13-214; or
(3) a telecommunications network or broadband provider.
(Added Coun. J. 1-9-08, p. 19685, § 2; Amend Coun. J. 4-22-20, p. 15029, § 1)
(a) It shall be unlawful for any person to possess etching materials, a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, on the property of another or in any public building or upon any public facility. It shall be a defense to an action for violation of this subsection that the owner, manager or other person having control of the property, building or facility consented to the presence of the etching materials, paint or marker.
(b) It shall be unlawful for any person to possess a spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three- eighths of an inch or greater, or any etching equipment or etching materials, on the public way with intent to use the same to deface any building, structure or property.
(c) It shall be unlawful for any person to transport, carry, possess or have any spray paint container, liquid paint or any marker containing a fluid which is not water soluble and has a point, brush, applicator or other writing surface of three-eighths of an inch or greater, or any etching equipment or etching materials, in or upon or about any motor vehicle with intent to use the same to deface any building, structure or property.
(d) For purposes of this code, "etch" means to cut, bite, corrode or engrave on metal, glass, plastic, concrete or stone, and "etching equipment" means any tool, device, or equipment used to etch. "Etching materials" means any acid or like substance used to etch.
(e) Any person who violates any provision of this section shall be subject to a fine of not less than $500 and not more than $1,500 for each offense.
(Prior code § 193-5.1; Added Coun. J. 2-11-87, p. 39504; Amend Coun. J. 5-20-92, p. 17016; Amend Coun. J. 2-10-93, p. 28505; Amend Coun. 7-21-99, p. 9095; Amend Coun. J. 5-11-05, p. 48079, § 3; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 11-8-12, p. 38872, § 157; Amend Coun. J. 7-22-20, p. 18957, § 5)
(a) It shall be unlawful for any person to own or operate a defaced commercial vehicle in the City of Chicago, subject to the exceptions provided in this section. The commissioner of streets and sanitation or his designee is authorized to take action necessary for effective enforcement of this section, including the issuance of citations.
(b) Any person who owns or operates a defaced commercial vehicle in the City of Chicago, when such defacement is not placed upon such vehicle by the owner, lessee, or person lawfully in possession of the vehicle, or a person acting with the consent of the owner, lessee or person lawfully in possession, shall be fined not less than $100.00 nor more than $500.00 for each offense. Each day that a violation continues shall be considered a separate and distinct offense.
(c) For purposes of this section, "commercial vehicle" shall refer to: (1) a motor vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise and includes, but is not limited to, tow trucks, semi- trailers and trailers; and (2) a railroad car or railroad container car that remains in the City of Chicago for a continuous five-day period or longer; "defacement" or "defaced" shall refer to any marking or drawing on a commercial vehicle but does not refer to:
(1) Any sign, marking, drawing or communication relating to the business that owns or operates the vehicle which is placed on the vehicle with the consent of the person or commercial or industrial enterprise that owns or operates the vehicle;
(2) Any marking that was placed upon the vehicle in the manufacturing process or as part of any repair or re-painting of the vehicle;
(3) Any form of business identification;
(4) Any sign or symbol relating to safety;
(5) Any sign, symbol or marking required by federal, state or local law or regulation;
(6) Any sign or symbol relating to hazardous materials or waste;
(7) Any sticker or sign affixed by the seller or dealer of a commercial vehicle; or
(8) Any marking or drawing, placed upon a vehicle by the owner of the vehicle or a person acting with the consent of the owner.
(d) It is a rebuttable presumption under this section that any defacement placed on a commercial vehicle that is not referred to in those exceptions set forth in subsections (1) through (7) above was placed on the vehicle by a person other than the owner or operator of the vehicle.
(Added Coun. J. 12-1-93, p. 43378; Amend Coun. J. 2-16-00, p. 25795, § 1)
No person, unless duly authorized, shall open any signal box, unless it be to give an alarm of fire or to communicate with the police on necessary business, nor break, cut, injure, deface, derange, or in any manner meddle or interfere with any signal box or the fire-alarm or police telegraph wires, or with any municipal electric wires, poles, conduits, or apparatus. Any person violating any of the foregoing provisions of this section shall be fined not less than $25.00 nor more than $50.00 for each offense.
Any person who shall scratch, stencil, or post placards or bills on any of the poles used for wires of the police and fire alarm telegraph, or in any other manner deface or injure the same, shall be fined not less than $5.00 nor more than $20.00 for each offense.
(Prior code § 193-6)
Whoever, without reasonable cause, does any one or more of the following:
(i) by outcry or otherwise, makes or circulates, or causes to be made or circulated, any false alarm of fire; or
(ii) calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows that the call or transmission could result in the emergency response of any city department or agency; or
(iii) calls the number "911" three or more times in a 30-day period without communicating or attempting to communicate information concerning an actual or perceived emergency; or
(iv) calls the number "911" for the primary purpose of using threatening, vulgar, indecent or obscene language over the telephone
shall be fined not less than $500.00 nor more than $1,000.00 for each offense. In the event that a minor violates this section, the parent or guardian having legal custody or control of the minor shall be liable for the violation.
(Prior code § 193-7; Amend Coun. J. 12-15-04, p. 40218, § 1; Amend Coun. J. 4-6-05, p. 45973, § 1)
(a) It shall be unlawful for any person to leave unattended on the public way or in a public place, or on private property except by consent of the property owner, anywhere within the city, any object that appears to be a bomb or an improvised explosive device or otherwise pose an apparently immediate threat to public safety, for example, objects that are ticking or contain suspicious-looking electronics or wires.
(b) It shall be unlawful for a person or business (1) to knowingly allow their goods, services or activities to be promoted by the conduct referred to in subsection (a), or (2) to initiate or direct the conduct referred to in subsection (a).
(c) Any person who has engaged in conduct that potentially constitutes a violation of either of subsections (a) or (b) and who becomes aware, or reasonably should be aware based on media coverage, that public resources are being expended on addressing a public scare related to such conduct, is required to immediately notify the city by calling 911. Failure to do so is a separate violation of this ordinance.
(d) Any person violating any provision of this section shall be fined not less than $500.00 nor more than $1.000.00 for each offense.
(Added Coun. J. 3-14-07, p. 99877, § 1)
(a) As used in this section:
(1) "Body Armor" means any one of the following:
(i) A military style flak or tactical assault vest which is made of Kevlar or any other similar material or metal, fiberglass, plastic, or nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.
(ii) Soft body armor which is made of Kevlar or any other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.
(iii) A military style recon/surveillance vest which is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.
(iv) Protective casual clothing which is made of Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.
(v) Body armor does not include non-ballistic protective clothing or protective gear lined with Kevlar that are manufactured, advertised, and sold as motorcycle protective clothing.
(2) "Emergency Responder" means any police officer, firefighter, paramedic, or emergency medical technician employed by, or performing their official duties within, the City of Chicago.
(3) "News Media" means any newspaper or other periodical issued at regular intervals whether in print or electronic format and having a general circulation; a news service whether in print of electronic format*; a radio station; a television station; a television network; a community antenna television service; and any person or corporation engaged in making news reels or other motion picture news for public showing.
* Editor’s note – So in original; should likely read "whether in print or electronic format".
(b) No person shall sell, offer for sale, possess, or purchase body armor.
(c) The provisions of this section shall not apply to sales to, or purchase or possession by:
(1) active or retired peace officers;
(2) retired police officers;
(3) members of the United States armed forces, emergency responders, or licensed security officers;
(4) employees of the City of Chicago, State of Illinois, federal government, or other unit of local government when such employees are on duty and acting in their official capacities;
(5) employees of the news media when such employees are on duty and acting in their official capacities;
(6) persons authorized and permitted to acquire body armor for use solely as props for a motion picture, television, or video production entertainment.
(d) Any person who violates this section shall be subject to a fine of not less than $500.00 and not more than $1,000.00.
(e) Violations of this section by a licensee shall be grounds for revocation or suspension of such license. For purposes of this section, "license" includes any and all licenses issued by any officer, department or agency of the City of Chicago required for retail or other business operations at the location at which the offense occurred, and includes but is not limited to retail licenses. For purposes of this section, each sold item equals one violation.
(f) Severability. If any section, subsection, paragraph, or part of this ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.
(Added Coun. J. 3-28-18, p. 73481, § 2; Amend Coun. J. 4-18-18, p. 75059, § 2)
For the duration of any war in which the United States is engaged no person, including without limiting the generality of the word "person" all persons upon an authorized emergency vehicle, shall sound a siren for any purpose. For the purposes of this section, the term "siren" shall not include a foghorn when used for the protection of navigation in and about the Chicago Harbor.
This section shall not apply to any person officially designated by the mayor to sound a siren as an air raid alarm.
Any person violating the provisions of this section shall be fined not less than $100.00 nor more than $200.00 for each offense.
(Prior code § 193-6.1)
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